The Board of City Commissioners of the City of Shawnee, County of Pottawatomie, State of Oklahoma, met in Regular Session in the Commission Chambers at City Hall, 9th and Broadway, Shawnee, Oklahoma, Monday, April 6, 2009 at 6:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Peterson presided and called the meeting to order. Upon roll call, the following members were in attendance.

n. Request authorization to advertise for Request for Proposals (RFP) to realtors and other qualified companies to promote leasing office space at the former Army Reserve building located at 1822 Airport Drive.

q. Acknowledge the donation to Emergency Management of a Dell Latitude E6400 laptop computer with software and carrying case from the Central Oklahoma Urban Area Security Initiative with a value of $1,572.00.

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to approve the Consent Agenda Item No. 2(a-q), as presented. Motion carried 6-0.

AGENDA ITEM NO. 5: City Manager’s presentation to Ryan Ayers, IT Department, as Employee of the Month.

City Manager Brian McDougal presented a plaque and certificate to Ryan Ayers, IT Department, as the April employee of the month, in recognition of his service and dedication to the City of Shawnee.
Mr. Ayers was present to accept.

AGENDA ITEM NO. 6: Presentation of the City of Shawnee Audited Financial Statements for the year ended June 30, 2008, by Vanessa Mushrim of Eide Bailey.

Vanessa Mushrim of the audit firm Eide Bailey presented the City’s audited financial statements for the year ended June 30, 2008. Ms. Mushrim’s audit summary included three documents: A ninety-two page report of basic financial statements which includes management’s discussion and analysis; notes to the financial statements and other supplementary information; Federal Awards Programs in Accordance with OMB Circular A-133; and Required Communications under Auditing Standards.
Relating to the Financial Statement Audit, the auditors issued an unqualified (clean) opinion. Two findings were noted relating to material weaknesses of controls over capital assets and the untimely filing of last year’s audit.
It was noted that the City total net assets increased by $3.5 million. Governmental funds, excluding SMA and SAA, increased by $2.5 million. Enterprises funds including SMA and SAA increased by $600,000.
Relating to the single audit, two major programs, Community Development Block Grant and Federal Emergency Management Agency Public Assistant Grant were audited. One finding was noted, that one CDBG report was not accurately submitted. It has now been corrected and submitted to HUD. The Commission had no further questions regarding the audit.

In preparing the FY07-08 financial statements for audit the City’s consultant, Crawford and Associates, P.C., determined that the Workers’ Compensation Internal Services Fund 601 had never been accounted for as an internal service fund.
An internal service fund is a type of proprietary fund used to account for services provided to other departments/funds on a cost reimbursement basis. In the past, the City has funded its workers’ compensation plan by transferring funds from the General and SMA funds to the Workers’ Comp Fund 601.
However, the transfers from the General and SMA funds will no longer be used. These costs will be allocated to each department based on total salaries.
A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to approve appropriation of Fund Balance and Budget Amendment General Fund, CDBG, SMA and SAA. Motion carried 6-0.

AGENDA ITEM NO. 8: A public hearing and consideration of an ordinance for a Conditional Use Permit allowing for the sale of beer and alcohol for on premise consumption within an existing restaurant located at 419 N. Union. Case #P07-09 (Applicant: Tommy Tran)

Mayor Peterson declared a public hearing in session to consider an ordinance for a Conditional Use Permit located at 419 N. Union.
Mayor Peterson asked if any person wished to appear in favor of or in protest of the permit.
Staff report was given by Planning Director Justin Erickson who noted that the applicant requests a Conditional Use Permit to allow for the on-site consumption of beer and alcohol within an existing restaurant (Phoenix Asian Diner). The subject property is located at 419 N. Union and has been utilized as a restaurant for many years. The Shawnee Comprehensive Plan designates the subject site as “residential/public/commercial,” which is consistent with the surrounding Central Business District and the downtown core area.
No others appeared and the public hearing was closed.

After due and careful consideration Ordinance No. 2400NS was introduced and read aloud.

ORDINANCE NO. 2400NS ENTITLED “AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, OKLAHOMA, TO-WIT: LOTS TWENTY-THREE (23), TWENTY-FOUR (24), TWENTY-FIVE (25), TWENTY-SIX (26), TWENTY-SEVEN (27), TWENTY-EIGHT (28) AND TWENTY-NINE (29), BLOCK FIVE (5), CHOCTAW ADDITION, TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, REZONING SAID PROPERTY FROM C-3; AUTOMOTIVE, COMMERCIAL & RECREATION DISTRICT TO C-3P; AUTOMOTIVE, COMMERCIAL & RECREATION DISTRICT WITH CONDITIONAL USE PERMIT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Vice Mayor Stephens, seconded by Commissioner Collier, that the Title and Ordinance No. 2400NS be approved. Motion carried 6-0.

AGENDA ITEM NO. 9: Consider approval of a final plat for Northridge Hill located West of Northridge Road and North of Castle Creek. Case #S03-09 (Applicant: Rick Austin)

The applicant requests preliminary plat approval for a 13-lot residential subdivision on 4.0 acres in the R-1 – Single-Family Residential District. The proposed lot sizes are consistent with neighboring residential properties and in accordance with the R-1 Zone. Staff report was given and it was noted that the applicant has submitted engineered construction plans and specifications in accordance with Section 60.2 of the Shawnee Subdivision Regulations. All other conditions of preliminary plat approval have been met. The City Engineer has reviewed the submitted final plat and engineered drawings and has no objection to granting final plat approval, subject to the following two (2) conditions:

1. A note on the recorded final plat shall require that Lots 6A and 8A be sold concurrently with Lots 6 and 8 respectfully, and provide that only accessory structures may be erected.
2. A restriction shall also be placed in the recorded covenants and the City will require that a copy of the recorded covenants be submitted when building permits are sought.

A motion was made by Commissioner Harrod, seconded by Commissioner Holt, to approve final plat for Northridge Hill located West of Northridge Road and North of Castle Creek. Motion carried 6-0.

Utilities Operations Manager Randy Brock explained that because of miscommunication , the emergency sewer repair should be for the 2200 block of North Chapman and not North Ione as stated on the agenda. Bids were received from three contractors and Jordan Contractors, Inc. was the lowest and best bid of $34,600. Mr. Brock is asking to proceed with the repairs.

A motion was made by Commissioner Holt, seconded by Commissioner Winterringer, to approve emergency sewer repair at 2200 block of North Chapman. Motion carried 6-0.

AGENDA ITEM NO. 11: Discuss and consider waiving Sections 8-431 and 8-434 of the Code of the City of Shawnee involving garage sale licenses and fees for the weekend of April 10-12, 2009 to help citizens prepare for the City Wide Clean Up Day to be held April 18, 2009.

A motion was made by Vice Mayor Stephens, seconded by Commissioner Collier, to wave Sections 8-431 and 8-434 of the Code of the City of Shawnee involving garage sale licenses and fees for the weekend of April 10-12, 2009 to help citizens prepare for the City Wide Cleanup Day to be held April 18, 2009. Motion carried 6-0.

AGENDA ITEM NO. 12: Discuss and consider an ordinance establishing and implementing a program to recover service fees for the deployment of public safety services rendered by the City of Shawnee for motor vehicle accidents that are outside the scope of basic crime prevention, investigation and fire protection. (Deferred from February 17, 2009)

COMMISSIONER SIMS PRESENT AT 7:00 P.M.

Police Chief Russell Frantz gave further explanation of this issue due to previous misunderstandings. Chief Frantz stated that presently insurance policies have built-in costs to cover vehicle repair, legal fees, court fees and a minimum profit level. The recovery service fees would only apply to the “at fault” person in an accident, based upon criteria set by the commission. Chief Frantz stated that this was a proposal only and in his quest to try to save the City money he will continue to present potential proposals to the Commission for them to consider. Commissioner Stephens had questions regarding who would actually bear the impact of this policy change. Due to some still unanswered questions, she suggested that the Chief continue to investigate this option and come back to the Commission with a more concise plan.
Commissioner Holt made a motioned to deny the implementing the cost recovery fee program until more information is available and to provide commissioners with a more concise ordinance. Motion died due to lack of second.
A motion was made by Commissioner Sims to defer for four (August) months to allow time for additional information and the preparation of a more defined ordinance. Upon further discussion, Commissioner Sims withdrew his motion.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Stephens, to table the item indefinitely. It was also noted that staff could bring this back before the Commission at any future time if additional information becomes available. Motion carried 6-1.

An Agreement is being proposed by the Citizen Potawatomi Nation (CPN) with the City of Shawnee to cause the overlay and resurfacing of South Gordon Cooper Drive from south of the river bridge to approximately 1.6 miles south.
The Agreement provides that the CPN will pay 100% of the construction and engineering costs or costs to prepare plans and biddable documents, and will let the project for bids and make payments to the contractor. The City of Shawnee’s obligation within the terms of the Agreement is to provide rights-of-way for the project, and since there is existing right-of-way along the extents of the proposed project, the City of Shawnee’s obligation is already met. City Attorney John Canavan requested that an additional sentence be added to the agreement regarding holding the City harmless of any liability issues. Dr. James Collard representing the CPN asked that the issue be deferred to the April 20, 2009 meeting
A motion was made by Commissioner Sims, seconded by Commissioner Harrod, to defer agreement with Citizen Potawatomi Nation and City of Shawnee Agreement for Overlay of South Gordon Cooper Drive B.I.A. Route No. 8804. Motion carried 7-0.

AGENDA ITEM NO. 14: Presentation of budget overview and proposed capital budget to the City Commission by city manager and department heads.

City Manager Brian McDougal presented an overview of the 2009-10 City budget. Staff has been working for many weeks on the input and review of this document. Mr. McDougal reviewed a history of the 3rd penny sales tax and showed Commissioners how that 3rd penny is allocated. He also spoke regarding sales tax revenues which will most likely be forecast as flat for the upcoming year. He also stated that at the April 20, 2009 meeting a balanced capital budget will be presented to Commissioners for review. Due to a change in the budgeting process, the current budget schedule previously approved by the Commission will need to be amended. This new budget schedule will be presented to the Commission at the April 20th meeting as well.

AGENDA ITEM NO. 15: Consider Bids:

Ten (10) bids were received and read into record.

a. Rehab Concrete Streets Project (Various Locations) (Open)

BIDDER AMOUNT

T.J. Campbell Construction Co.
Oklahoma City, OK $397,300.00

Nash Construction Co.
Oklahoma City, OK $494,200.00

Wade Construction Inc.
Meeker, OK $335,850.00

Shell Construction Co. Inc.
Oklahoma City, OK $339,200.00

MEDEVELOP
Edmond, OK $297,828.45

Rudy Construction Co.
Oklahoma City, OK $327,500.00

Legacy Services, Inc.
Oklahoma City, OK $358,600.00

SAC Services, Inc.
Oklahoma City, OK $396,010.00

RDNJ, Inc. dba T-Tech Paving
Edmond, OK $265,900.00

Central Contracting
Norman, OK $266,775.00

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to defer bid for the Rehab Concrete Streets Project (Various Locations) to staff for review and recommendation at the April 20th City Commission meeting. Motion carried 7-0.

A motion was made by Commissioner Harrod, seconded by Commissioner Holt, to defer bid for City Hall Emergency Generator Replacement Project to staff for review and recommendation at the April 20th City Commission meeting. Motion carried 7-0.

AGENDA ITEM NO. 16: New Business (Any matter not known about or which could not have been reasonably foreseen prior to the posting of the agenda)

There was no New Business.

AGENDA ITEM NO. 17: Administrative Reports

Under Administrative reports, Interim Director of Operations James Bryce reported on several items. Regarding the ADA accessible restrooms at City Hall, Mr. Bryce stated that instead of adding an additional handicapped restroom at City Hall, it has been decided that the best course of action will be to convert the current public restrooms to ADA accessible.
Mr. Bryce further reported on progress made at the municipal pool, stating that the pool house basement has been fully demolished. He also intends to have the walls painted to lighten up the area. Pool floor demolition has begun. He expects that the delivery of the pool equipment to arrive within three weeks.
Mr. Bryce then reported on three Shawnee Twin Lakes issues:
Regarding the septic system for lake restrooms, Mr. Bryce stated that he would like to start with Isaac Walton Park which is next to the camping area. He estimated that the project would take two weeks to complete.
He further reported that the floating fishing dock will be shut down this week for repairs. Staff is redoing 16 feet of the walkway by laying a concrete base. The project should be completed by Friday, April 10th.
Regarding the Erosion Control Project at Glen Collins Park he stated that the City staff would be working with the Shawnee Twin Lakes Association to protect the shoreline from erosion. The rock is being donated and the dirt is free. Staff labor will be the only costs for the City.

City Engineer John Krywicki reported that Keith Kuhlman with the State Commissioners of the Land Office has engaged an appraiser to appraise property near I-40 for possible location of the Regional Sports Complex. Mr. Krywicki expects the appraisal to be completed within two weeks.

AGENDA ITEM NO. 18: Commissioners Comments

Under Commissioners’ Comments, Commissioner Harrod commended Police Chief Frantz and Sheriff Booth for working together on a law enforcement grant.

Mayor Peterson noted that the Community Service Contracts Review Committee has met recently and will be forwarding recommendations to the City Commission for approval.
She further complimented the youth involved in last Friday’s Youth Speak-Out for being so well-informed on current local and world issues.

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